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Freehold Titles (ERO D/DPr456 Jn Eldred marriage agreement)

3.2.1703 (Wednesday 3 February 1703)

document 29000005

this indenture quadrupartite made the 3.2.1703 etc between Jn Eldred the elder of Ollyvers in the parish of Stanway in the county of Essex esq Jn Eldred the younger esq son and heir apparent of the said Jn Eldred the elder Eliz Eldred and Margt Eldred spinsters daughters of the said Jn Eldred the elder of the first part Joseph Thurston of Colchester in the said county of Essex esq and Isaac Ewer of Lincolns Inn in the county of Middlesex of the second part Wm Dunch of Lincolns Inn aforesaid esq Rich Androwes of Earls Colne in the said county of Essex esq of the third part and Edm Butler of Cliffords Inn London gentleman Edw Horsman the younger of Lincolns Inn aforesaid esq and Mary Horsman spinster daughter of Robt Horsman late of Lincolns Inn aforesaid gentleman deceased by Dulcibella his then wife since also deceased and sister of the said Edw Horsman of the fourth part whereas a marriage is intended by the permission of god to be shortly had and solemnized by and between the said Jn Eldred the younger and the said Mary Horsman now this indenture witnesseth that in consideration of the said intended marriage of the sum of 3000li of lawful money of England in hand well and truly paid by the said Edw Horsman and Mary Horsman or one of them at or before the ensealing and delivery of these presents as and for the full marriage portion of the said Mary in manner following that is to say 2500li part thereof unto the said Jn Eldred the elder with the consent and agreement of the said Jn Eldred the younger testified by his being made a party to and his sealing and delivery of these presents and 500li the residue thereof to the said Jn Eldred the younger with the like consent and agreement of the said Jn Eldred the elder testified also by his being made a party to and his sealing and delivery of these presents the several receipts of which and the several sums of 2500li and 500li they the said Jn Eldred the elder and Jn Eldred the younger do hereby respectively acknowledge and thereof and every part of do and each of them doth acquit release and discharge the said Edw Horsman and Mary Horsman and each of them and their and every of their heirs executors and administrators forever by these presents and in consideration of 5s of like money to the said Jn Eldred the elder and Jn Eldred the younger Eliz Eldred and Margt Eldred in hand paid by the said Joseph Thurston and Isaac Ewer at and before the ensealing and delivery of these presents the receipt whereof is hereby also acknowledged and for providing a competent jointure and maintenance for the said Mary in case she happen after the said intended marriage happen to survive the said Jn Eldred the younger her intended husband and for settling and insuring all and every manner of messuages lands tenements and hereditaments herein after mentioned to such uses upon such trust and to and for such intents and purposes and under and subject to such provisos limitations and agreements as hereinafter mentioned expressed and declared of and concerning the same respectively they the said Jn Eldred the elder and Jn Eldred the younger Eliz Eldred and Margt Eldred have and each and every of them hath granted bargained sold aliened released and confirmed and by these presents do and each and every of them doth grant bargain sell alien release and confirm unto the said Joseph Thurston and Isaac Ewer their heirs and assigns all that the manor or lordship of Abbas Hall otherwise Great Cornard with the rights members and appurtenances thereof in the counties of Suffolk and Essex or either of them and all the rectory or parsonage impropriate of Great Cornard in the county of Suffolk with the appurtenances and all tithes of corn grain hay and other tithes thereunto appertaining and all tenths pensions obligations lands tenements and hereditaments thereunto belonging or therewith used or enjoyed and all that the advowson donation redisposition and right of patronage of and to the vicarage of the church of Great Cornard in the said county of Suffolk and all that the site capital messuage or mansion house of the said manor of Abbas Hall otherwise Great Cornard and all lands meadows pastures feedings tenements and hereditaments to the said site capital messuage or mansion house or any of them belonging or therewith used occupied letten or enjoyed as part parcel or memb er thereof containing by estimation 100a more or less situate and being in Great Cornard aforesaid in the said county of Suffolk or any other town or parishes thereunto near or adjoining formerly in the tenure or occupation of Phil Sturgeon or his assign and all that wood called Abbas Hall Wood in Great Cornard aforesaid containing by estimation 34a more or less and all the tithes of corn and grain hay and wood arising renewing and growing upon the said premises or any part thereof or which said rectory tithes site lands and tenements last mentioned or the greatest part thereof now are or late were in the possession or occupation of Thos Wynne his leasees or undertenants at the yearly rent of 100li and all that the manor or reputed manor of Holts with rights members and appurtenances thereof in the said county of Essex and all lands meadows pastures and hereditaments to the same belonging or therewith used demised or enjoyed and all that parcel of land called Collfielde otherwise Colefield otherwise Freelands containing by estimation 12a more or less and all that wood grove or parcel of land now or heretofore called Tittygrove containing by estimation 2a more or less which said manor lands premises last mentioned are situate and being in Little Birch Great Birch East Thorpe and Copford some or one of them or elsewhere in the said county of Essex and the same or greatest part thereof now are or late were in the possession or occupation of Jn Phillips his leasees or undertenants at the yearly rent of 60li and all that messuage or farm now or heretofore called Middlewick and all houses buildings barns stables orchards gardens lands meadows pastures feedings and hereditaments whatsoever thereunto belonging or therewith used or enjoyed situate lying and being in the parish of St Giles in Colchester and Donyland or in one of them in the said county of Essex and now are or late were in the possession or occupation of Sam Holback at the yearly rent of 30li and all that wood containing 12a more or less now or late parcel of a wood called Middlewick Wood situate and being in the said parish of St Giles in Colchester and Donyland or one of them and also all those pieces or parcels of land called or know by the name of Great Cleyshotts Little Cleyshotts the Lays Peldon Shotts and Littlefield or by whatsoever other name or names they or any of them are or have been called or known containing together by estimation 100a more or less and are lying and being in Much Wigborow in the said county of Essex or some other town or parish thereunto near or adjoining and formerly allotted to Jn Eldred esq late father of the said Jn Eldred the elder for his share upon a partition made between him and Jn Peak esq sir Jn Peak knight of the manor of Markshams and other lands therein mentioned and all those closes of land meadow or pasture now or heretofore called Skippetts or by whatsoever other name or names the same are called or known containing by estimation 40a more or less lying and being in Little Wigborow and Much Wigborow or one of them or elsewhere in the said county of Essex which said pieces or parcels of land closes lands and premises last mentioned now are or late were in the possession or occupation of Sam Turner together with the copyhold messuages lands tenements hereunder covenanted to be surrendered at the yearly rent of 80li and also all trial the manor capital messuage or farm called Ollyvers otherwise Ollyvirs with the rights members and appurtenances thereof in the said county of Essex and all lands tenements meadows pastures hereditaments to the same manor capital messuage and farm before mentioned belonging or appertaining or therewith used or enjoyed as part parcel or member thereof situate and being in Stanway in the said county of Essex with all that wood called the Round Wood containing by estimation 6a more or less in Stanway aforesaid and all that wood containing 18a more or less late parcel of a wood called Ollyvers Wood and more severed from the same situate and being in Stanway aforesaid and all that messuage or tenement with the appurtenances now or heretofore called or known by the name of Wellfield or by whatsoever other name or names the same is or has been called or known and all those seven fields or grounds of arable pasture and wood or coppice now or lately closed and the three low meadows containing altogether by estimation 64a be the same more or less situate lying and being in the parish of Stanway aforesaid or in some other parish or parishes thereunto near or adjoining which said messuage lands and premises last mentioned were formerly purchased by the said Jn Eldred the elder of one Francis Harvey esq and also all ways passages easements ponds pools rivers streams watercourses fishings fishing places free warren waste furze heath common marshes waste grounds woods underwoods groves springs trees reversions services rents as well of freehold as customary tenants escheats heriots reliefs amercements deodands goods of persons outlawed felons felons of themselves waifs estrays courts leet courts baron view of frankpledge perquisites and profits of courts and leets and all that to court leet and court baron belonging or appertaineth and all other rights royalties jurisdictions and appurtenances whatsoever to the said several and respective manors messuages farms lands tenements and premises or any of them or any part or parcel thereof belonging or anywise appertaining occupied taken or known as part parcel or member of them or any of them also all that part of a wood called Chalkney Wood lying towards the west lately divided and parted from the residue of the same wood being a third part thereof and all those messuages houses lands and grounds called the Kilns Sandhills Wood Field Oxney Fen and Seggs Meadow sometime in the tenure of Sam Newton and now or late of Jn Newton and Jn Patrick or one of them their or one of their assigns or undertenants containing together by estimation 100a being the same more or less and all that barn and certain lands and grounds containing by estimation 60a called Seddcopps and Bradfield and all those lands and grounds called Lowfield and 3a of land and meadow containing together by estimation 11a1r and 24p heretofore purchased of Thos Smith and all that farm called Pound Farm and three closes to the same belonging or therewith used or enjoyed heretofore in the tenure of Jn Colman now or late of Jn Hatch his assignee or assignees and all those two fields called Seddcopps containing by estimation 15a more or less heretofore in the occupation of the said Jn Colman and now or late of the said Jn Hatch and all those lands called Dagnalls containing by estimation 14a more or less and all that farm and those lands and hereditaments called Playstow Farm also Playstowe containing by estimation 60a more or less situate in Halstead in the said county of Essex now or late in the occupation of Thos Coppin or his assigns and all that wood or grove called Richolds Grove containing by estimation 6a more or less and all other the lands meadows pastures woods and wood grounds late of Rich Harlakenden esq deceased and which now are or late were in the tenure or occupation of the said Jn Newton Jn Patrick Jn Hatch and Thos Coppin or any of them their or any of their assignees or undertenants all which said messuages farms lands tenements and premises last mentioned are situated lying and being in Earls Colne White Colne Gaines Colne also Colne Engaine Marshall Much Tey and Halsted or in some or one of them or some other towns or parishes thereto near or adjoining in the said county of Essex and all the tithes both great and small yearly issuing arising and renewing of all and singular the aforesaid farms lands tenements and premises last mentioned except the small or vicarage tithes arising out of the said lands purchased of the said Thos Smith which have been heretofore due to and enjoyed by the vicar of Earls Colne aforesaid and except there the great and small tithes arising out the said farm called Playstow lying in Halsted aforesaid and all ways waters easements profits and appurtenances to the said several messuages farms and tenements and premises last mentioned or any of them belonging or of right appertaining or therewith or with any part thereof used or enjoyed all which said messuages and farms tenements and hereditaments and premises last mentioned were upon a partition lately made between the said Jn Eldred the elder and Jn Eldred the younger and Mary Androwes of Earls Colne aforesaid widow by indenture bearing date the 10.9.1700 allotted to the said Jn Eldred the elder and Jn Eldred the younger for their third part or share of the messuage lands tenements and hereditaments in the same and herein mentioned and thereby intended to be divided and also all that illegible text half part of the manors or lordships of Earls Colne Colne Priory the rights members and appurtenances thereof in the said county of Essex and of all illegible text perquisites profits of courts leet and views of frankpledge and whatsoever to view of frankpledge belong fines escheats waifs estrays and goods and chattels of felons felons of themselves and outlawed persons rents services wastes waste grounds reliefs amercements farms crofts tenements and hereditaments whatsoever with the appurtenances to the said last mentioned manors and premises or to any of them belonging or anywise appertaining except the messuage lands tenements and hereditaments in the said recited indenture of partition allotted for the share or shares of the said Mary Androwes and also one full third part belonging or in anywise appertaining except the tithes both great and small yearly arising out of the said lands tenements and hereditaments in the said recited indenture of partition limited and allotted for the share or shares of the same Mary Androwes as aforesaid and all and singular other the freehold manor messuages lands tenements and hereditaments of them the said Jn Eldred the elder and Jn Eldred the younger Eliz Eldred and Margt Eldred and of every or any of them whereof or wherein they or any of them or any other person or persons in trust for them or any of them is or are seised or possessed of any estate whatsoever in the said counties of Suffolk and Essex or either of them other than such whereof they or any of them are seised in trust for the other person or persons all which said manors messuages lands tenements and premises except before excepted are now in the actual possession of the said Joseph Thurston and Isaac Ewer by virtue of a bargain and sale to them thereof made by the said Jn Eldred the elder Jn Eldred the younger Eliz Eldred and Margt Eldred for the term of one whole year commencing from michaelmas last past before the date of these presents and in consideration of 10s to them paid by the said Joseph Thurston and Isaac Ewer in and by one indenture bearing date the day before the day of the date of these presents and made or mentioned to be made between the said Jn Eldred the elder Jn Eldred the younger Eliz Eldred and Margt Eldred of the one part and the said Joseph Thurston and Isaac Ewer of the other part and by force of the statute for the transferring of uses into possession made and provided and the reversion and reversions remainder and remainders rents issues profits of the said manors messuages lands tenements and premises except for excepted and of every of them and every part and parcel thereof and all the estate right title interest trust benefit property claim and demand whatsoever of them the said Jn Eldred the elder Jn Eldred the younger or any of them or any part thereof to have and to hold to the said manors messuages lands tenements hereditaments and all and singular other the premises except before excepted unto the said Joseph Thurston and Isaac Ewer their heirs and assigns to such uses upon such trusts and to and for such intents and purposes and under and subject to such provisos limitations and agreements as are hereinafter mentioned expressed and declared of and concerning the same respectively that is to say the use of the said Jn Eldred the elder and Jn Eldred the younger and their heirs until the solemnization of the said intended marriage according to their several and respective estate and interest therein at the time of the ensealing and delivery of these presents and from and after the solemnization of the said intended marriage then as to for and concerning the said manor of Abbas Hall otherwise Great Cornard with the rights members and appurtenances thereof and the said rectory or parsonage impropriate of Great Cornard and the tithes and other hereditaments thereunto belonging or therewith used or enjoyed and the said advowson or vicarage of the church of Great Cornard and the said site capital messuage or mansion house of the same manor and of the same lands tenements and hereditaments thereunto belonging or therewith used containing 100a as aforesaid and all the said wood called Abbas Hall Wood and the said tithes arising and growing upon the same premises or any part thereof and the said manor of Holts with the appurtenances and all lands and hereditaments thereunto belonging or therewith used enjoyed and the said parcel of land called Colefield containing 12a and the said wood or parcel of land called Tittygrove and the said messuage or farm called Middlewick and all lands and hereditaments thereunto belonging or therewith used or enjoyed as aforesaid and the said wood containing 12a parcel of the wood called Middlewick Wood and the said pieces or parcels of land called Great Cleyshotts Little Cleyshotts and Layes Peldham Shotts and Littlefield containing together 100a more or less as aforesaid and the said closes and lands called Skippetts containing 40a as aforesaid and all the rents services courts profits of court rights royalties franchizes liberties and appurtenances to the said manors messuages rectory tithes lands tenements and premises last mentioned or any of them belonging or appertaining or therewith used or enjoyed to the use and behoof of the said Edm Butler his executors administrators and assigns for and during the term of one hundred years from thence next ensuing and fully to be complete and ended without impeachment of or for any manner of waste upon such trusts nevertheless and to and for such intents and purposes and under and subject to such provisos and agreements as are hereinafter mentioned expressed and declared of and concerning the same and from and after the end expiration or over sooner determination of the said term of one hundred years then to the use of the said Jn Eldred the younger for and during the term of natural life without impeachment of or for any manner of waste and from and after the determination of that estate then to the use of the said Joseph Thurston and Isaac Ewer and their heirs during the life of the said Jn Eldred the younger upon trust to support and preserve the contingent uses and estates hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring actions as the case shall require but nevertheless upon trust to permit and suffer the said Jn Eldred the younger and his assigns during the term of his natural life to receive and take the rents and profits thereof and of every part thereof to and for his and their own use and benefit and from and after his decease then to the use and behoof of the said Mary his intended wife for and during the term of her natural life for her jointure and her barr and satisfaction of her dower and thirds at common law which she can or may have or claim of to or out of all and every or any the manors messuages lands tenements and hereditaments whereof the said Jn Eldred the younger now is or at any time hereafter during the coverture between them shall be seised of any estate of freehold and inheritance and from and after the several deceases of the said Jn Eldred the younger and Mary his intended wife then to the use of the said Wm Duuch and Rich Androwes and their executors administrators and assigns for and during the term of two hundred years from thence next ensuing and fully to be complete and ended without impeachment of or for any manner of waste upon such trust nevertheless and to and for such intents and purposes and under and subject to such provisos and agreements as are hereinafter mentioned expressed of and concerning the same and as to for and concerning the said manor and capital messuage or farm called Ollyvers the rights members and appurtenances of and all manner appurtenances thereof and all lands tenements and hereditaments thereto belonging to therewith used or enjoyed as aforesaid and the said wood called Round Wood and the said wood containing 18a late parcel of the said wood called Ollyver and said messuage or tenement with appurtenances called Wellfield the said seven fields or grounds and three low meadows containing together 64a as aforesaid and all rents and services courts rights royalt ies franchises and appurtenances to the said last mentioned manor messuage lands tenements and premises or any of them belonging or therewith used or enjoyed to the use of the said Jn Eldred the elder for and during the term of his natural life without impeachment of or for any manner of waste and from and after his decease then to the use and behoof of the said Jn Eldred the younger for and during the term of his natural life without impeachment of waste and from and after the determination of that estate then to the use of the said Joseph Thurston and Isaac Ewer and their heirs during the life of the said Jn Eldred the younger upon trust to support and preserve the contingent uses and estate as hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring actions as the case shall require but nevertheless upon trust to permit and suffer the said Jn Eldred the younger and his assigns during the term of his natural life to receive and take the rents and profits thereof and of every part thereof to and for his and their own use and benefit and from and after the several decease of the said Jn Eldred the elder and Jn Eldred the younger then to the use of the said Mary for and during the joint lives of Margt Eldred wife of the said Jn Eldred the elder and the said Mary and as to for and concerning all and every other manors messuage lands tenements and hereditaments and premises mentioned to be hereby granted and released whereof no use is herein before limited to the said Mary other than and except a certain farm in Earls Colne aforesaid now in lease to the said Jn Newton at the yearly rent of 65li and certain lands and tenements in Earls Colne aforesaid now in lease to the said Jn Hatch at the yearly rent of 18li being parcel of the premises above mentioned to the use and behoof of the said Jn Eldred the elder for and during the term of his natural life without impeachment of or for any manner of waste and from and after his decease then to the use of Margt Eldred wife the said Jn the elder for and during her natural life and from and after her decease then to the use and behoof of the said Jn Eldred the younger for and during the term of his natural life without impeachment of or for any manner of waste and from and after the determination of that estate then to the use and behoof of the said Joseph Thurston and Isaac Ewer and their heirs during the life of the said Jn Eldred the younger in trust to support and preserve the contingent uses hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring actions as the case shall require but nevertheless to permit and suffer the said Jn Eldred the younger his assigns during the term of his natural life to receive and take the rents and profits thereof and of every part thereof to and for his and their own use and benefit and from and after his decease then to the use and behoof of the said Wm Dunch and Rich Androwes their executors administrators and assigns for and during the term of two hundred years from thence next ensuing and fully to be complete and ended without impeachment of or for any manner of waste upon such trust nevertheless and to and for such intents and purposes and under and subject to such provisos and agreements as are herein after mentioned expressed and declared of and concerning the same and as to for and concerning all and singular the aforesaid manors messuages lands tenements hereditaments and premises mentioned to be hereby granted and released except the said farm and lands now at lease to the said Jn Newton and the said Jn Hatch at the said yearly rents of 65li and 18li respectively as aforesaid from and immediately after the end expiration and other sooner determination of the aforesaid uses and estates herein before limited or declared of and concerning the same respectively and as the same shall respectively end and determine to the use and behoof of the first son of the body of the said Jn Eldred the younger on the body of the said Mary his intended wife to be begotten and of the heirs male of the body of such first son lawfully issuing and of default of such issue to the use and behoof of the second third fourth fifth sixth seventh and all and every other the son and sons of the body of the said Jn Eldred the younger on the body of the said Mary his intended wife to be begotten severally successively and in remainder one after another as they and every of them shall be in seniority of age and priority of birth and of the several and respective heirs male of the body and bodies of all and every such son and sons lawfully issuing the elder of such sons and the heirs male of his body issuing always to be preferred and to take before the youngest of such sons and heirs male of his and their body and bodies issuing and in case the said Mary shall happen to be illegible text with child or children at the time of the death of the said Jn Eldred the younger then to the use of the said Joseph Thurston and Isaac Ewer and their heirs until the said Mary shall be delivered of such child or children or die which shall first happen in trust for such person or persons as shall be next in reversion or remainder of the premises by virtue of the limitations herein contained and if such afterborn child or children shall happen to be a son or sons then to the use and behoof of such afterborn son and sons severally concessively and in remainder on after another as they shall be in seniority of age and priority of birth and of the several and respective heirs male of the body and bodies of such afterborn issuing always to be preferred and to take before the younger of such afterborn sons and the heirs male of his body issuing and for default of such issue to the use and behoof of the said Edm Butler and Edw Horsman their executors administrators and assigns for and during the term of three hundred years from thence next ensuing and fully to be complete and ended without impeachment of or for any manner of waste upon such trusts nevertheless and to and for such intents and purposes under and subject to some provisos and agreements as are hereinafter mentioned expressed and declared of and concerning the same and from and after the end and expiration or other sooner determination of the said term of three hundred years then to the use and behoof of the said Jn Eldred the younger and the heirs of his body to be begotten and for want of such issue to the use of the said Jn Eldred the elder and of his heirs and assigns for ever and to and for no other use intent or purpose whatsoever and as to for and concerning the said excepted farm lands and tenements now leased to the said Jn Newton and Jn Hatch at the said yearly rents of 65li and 18li respectively as aforesaid to the use and behoof of the said Jn Eldred the elder during the term of his natural life without impeachment or of or for any manner of waste and from and after his decease of the said Margt Eldred his wife and of her assigns for and during her natural life and from and after her decease then to the use and behoof of the said Jn Eldred the younger and of his heirs and assigns forever and to and for no other use intent or purpose whatsoever and as to for and concerning the said several terms and estates of two hundred years and two hundred years herein before limited to the said Wm Dunch and Rich Androwes their executors administrators and assigns as aforesaid it is hereby declared and agreed by and between the said parties to these presents that the same are limited to them as aforesaid upon such trusts and to and for such intents and purposes and under and subject to such provisos and agreements as are hereinafter mentioned expressed and declared of and concerning the same that is to say that in case there shall be one or more child or children of the body of the said Jn Eldred the younger on the body of the said Mary his intended wife to be begotten other than such as shall be the oldest or only son of their bodies then upon trust that they the said Wm Dunch and Rich Androwes their executors administrators or assigns shall and do by sale or mortgage of the said terms of two hundred years and two hundred years of and in the said manors messuages lands tenements and premises be limited to them as aforesaid or of and in a competent part thereof and by and with the rents and profits thereof in the mean time and until such sale rise and levy such sum and sums of money for the portion or portions and maintenance of all and every such child and children of the said Jn Eldred the younger by the said Mary other than such as shall be the oldest or only son of their bodies as aforesaid and pay the same unto such child or children at such time and times and in such part and proportions in manner and form as he the said Jn Eldred the younger shall at any time or times during his life by writing or writings under his hand and seal attest it by three or more credible witnesses or by his last will and testament in writing to be by him signed and sealed published and declared in presence of the like number of witnesses direct limit or appoint no exceeding in the whole the sum of 2000li for the portions of any one such child nor the sum of 3000li for the portion of two or more such children nor exceeding the interest of such portion or portions at the rate of 5li percent per annum for the maintenance of such child or children and for default of such direction limitation or appointment then upon trust that they the said Wm Dunch and Rich Androwes e of these presents and upon this further trust that they the said Wm Dunch and Rich Androwes their executors administrators and assigns shall and do by and out of the rents and profits of the premises so to them limited and as aforesaid raise levy and pay for the maintenance and education of such child or children not being eldest or only son as aforesaid in the mean time and until their said portions shall become payable respectively such yearly sum and sums of money as they the said Wm Dunch and Rich Androwes or the survivor of them or the executors or assigns of such survivor shall think fit not exceed the interest of their said respective portions at the rate of 5li percent per annum and from this further trust that they the said Wm Dunch and Rich Androwes their executors administrators and assigns shall and do permit and suffer such person or persons to whom the next and immediate reversion or remainder of the premises expectant upon the said terms of two hundred years and two hundred years shall for the time being belong by virtue of these presents and until some of the same portions shall become payable to receive and take the residue and overplus of the rents and profits of the same premises over and above so much thereof as shall be from time to time paid for such maintenance and education as aforesaid provided also and it is hereby declared and agreed by and between the said parties to these presents that in case their shall be no such child or children of the said Jn Eldred the younger by the said Mary other than such as shall be the eldest and only son of the bodies as aforesaid or being such all of them shall happen to die before any of their said portions shall become payable or in case the said sum and sums of money came before appointed to be raised for their portions and maintenance as aforesaid shall be by the said Wm Dunch and Rich Androwes their executors administrators and assigns by the ways and means aforementioned raise and levied then and in every or any of the said cases the said several and respective terms of two hundred years and two hundred years of and in the said premises so limited for two hundred years and two hundred years as aforesaid or of and in so much thereof as shall remain unsold and undisposed of as aforesaid shall cease determine utterly void anything herein before contained to the contrary thereof in anywise notwithstanding and as to for and concerning the aforesaid term of three hundred years herein before limited to the said Edm Butler and Edw Horsman their executors administrators and assigns as aforesaid it hereby declared and agreed by and between the said parties to these presents that the same is to limited to them as aforesaid upon such trusts and to and for such intents and purposes and under and subject to such provisos and agreements as are hereinafter mentioned expressed and declared of and concerning the same that is to say in case the said Jn Eldred the younger shall happen to die without issue male of his body on the body of the said Mary his intended wife to be begotten or that the issue male between them begotten shall happen to die without issue male of their bodies and that there be issue one or more daughters of the body of the said Jn Eldred the younger on the body of the said Mary his intended wife begotten at the time of such failure of issue male as aforesaid or at any time after then upon trusts that they the said Edm Butler and Edw Horsman her trust that they the said Edm Butler and Edw Horsman for the said term of three hundred years aforesaid in the meantime and until the said portion or portions of the said daughter or daughters shall become payable respectively as aforesaid raise levy and pay such yearly sum and sums of money for the maintenance and education of such daughter and daughters as to the said Edm Butler and Edw Horsman or the survivor of them or the executors or administrators of such survivor shall seem meet so as such sum and sums of money to be raised for their maintenance and education as aforesaid do not exceed the interest of their said respective portions at the rate of 5li percent per annum and upon this further trust that they the said Edm Butler and Edw Horsman their executors administrators and assigns shall and do permit and suffer such person and persons to whom the next and immediate reversion or remainder of the premises expectant upon the said term of three hundred years shall for the time being belong by virtue of the limitations above mentioned until some or one of the same portions shall become payable to receive and take the residue and overplus of those rents and profits of the same premises over and above so much thereof as shall be from time to time paid for the respective maintenance and education of such daughter and daughters provided always that the said Edm Butler and Edw Horsman or the survivor of them or the executor administrator or assign of such survivor shall not sell or mortgage the said term of three hundred years of and in the said manors messuages lands tenements and premises until some one of the last mentioned portions shall become payable by virtue of these presents provided always and it is hereby further declared and agreed by and between all the said parties to these presents that in case there shall be no such daughter or daughters at such time of such failure of issue male as aforesaid or at any time after or their be such daughter or daughters all of them shall happen to die before any of their said portions shall become payable by virtue of these presents or in case the said sum and sums of money before limited and appointed to be raised for daughters portions as aforesaid and also such maintenance in the meantime and until the said portions shall become payable as aforesaid shall be by the said Edm Butler and Edw Horsman their executors administrators or assigns raised and levied by the ways and means above aforementioned or shall be by such person or persons as shall for the time being be next in reversion or remainder of the premises expectant upon the term of three hundred years paid or to the good liking of the said Edm Butler and Edw Horsman or the survivor of them or the executors administrators of such survivor secured to be paid according to the purport true intent and meaning of these presents or in case all and every of the said daughter and daughters shall be preferred in marriage in the lifetime of the said Jn Eldred the younger and be advanced with portions in money or in land of inheritance equal in value to the portions hereby provided or in case the said Jn Eldred the younger shall give or leave them such monies or lands as shall not be equal in value to their said portions then in case the said Edm Butler and Edw Horsman their executors administrators or assigns shall by and out of the said manors messuages lands tenements and premises to them limited for the said term of three hundred years as aforesaid raise and levy so much monies as shall make up the monies or value of the lands as shall be so advanced given or left by the said Jn Eldred the younger with or to his said daughters so much as the said portions hereby provided shall amount unto them and in any of the said cases at all times from henceforth the said term of three hundred years of and in the said manors messuages lands tenements and premises or so much thereof as shall remain unsold and undisposed of as aforesaid shall cease determine and be utterly void to all intents and purposes anything herein contained to the contrary thereof in anywise notwithstanding and as for and concerning the said term of one hundred years herein before limited to the said Edm Butler his executors administrators and assigns it is hereby declared and agreed by and between all the said parties to these presents that the same is so limited to him by them as aforesaid upon such trusts and to and for such intents and purposes and under and subject to such provisos and agreements as hereinafter mentioned and expressed and declared of and concerning the same that is to say that in case the said Mary and all the issue of her body by the said Jn Eldred the younger if any such shall be shall happen to die before the end of three years to be accounted from the solemnization of their said intended marriage living the said Edw Horsman then upon trust that he the said Edm Butler his executors administrators or assigns shall and do by sale or mortgage of the said term of one hundred years of and in the premises so limited to him for one hundred years as aforesaid or of illegible text a competent part thereof forthwith raise and levy the sum of 500li of lawful money of England and pay the same when raised unto the said Edw Horsman his executors or administrators and upon his further trust that he the said Edm Butler his executors administrators or assigns shall and do in the meantime and until the said last mentioned trust for raising the said sum of 500li shall rise and commence permit and suffer such person and persons in whom the next and immediate reversion or remainder of the said last mentioned premises expectant upon the term of one hundred years shall for the time being belong by virtue of the limitations aforementioned to receive and take the rents and profits thereof and of every part thereof to and for their own use and benefit provided always that in case the said Mary or any issue of her body by the said Jn Eldred the younger shall be living at the end of the said three years or in case the said Edw Horsman happen to die within the said three years living the said Mary or any issue of her body or in case the said sum of 500li shall be by the ways and means in that behalf aforementioned raised levied then and in every and any of the said cases the said term of one hundred years of and in the premises so limited for one hundred years as aforesaid or of and in so much thereof as shall then remain unsold and undisposed of shall cease determine and be utterly void to all intents and purposes anything herein contained to the contrary thereof in any wise notwithstanding provided also and it is hereby declared and agreed by and between all the said parties to these presents that if after the decease of the said Mary Horsman the said Jn Eldred shall happen to marry any other woman or women then and in such cases it shall and may be lawful to and for the said Jn Eldred the younger by any writing under his hand and seal testified by three or more credible witnesses either before or after such marriage to assign limit or appoint unto or to the use of such woman or women for the life or lives of such woman or women respectively for her or the jointure or jointures or of any part or parts of the premises herein before limited to the said Mary for her life for her jointure not exceeding in the whole the clear yearly value of 50li over and above all charges and reprises parliament taxes only excepted and that then and in such case the said Joseph Thurston and Isaac Ewer and their heirs shall stand and be seised of the same to the use of such woman or women respectively for her and their jointure and jointures anything herein before contained to the contrary thereof in anywise notwithstanding provided also and it is hereby further declared and agreed by and between all the said parties to these presents that it shall and may be lawful to and for the said Jn Eldred the elder and Jn Eldred the younger and Mary his intended wife and every of them as and when they shall respectively come into and be in possession of the said manors messuages lands tenements hereditaments and premises herein before mentioned to be hereby granted and released or any part thereof by virtue of the limitations aforementioned from time to time during their respective lives by indenture under their respective hands and seals to lease all and every or any part thereof to and person or persons for any term or number of years not exceeding one and twenty years in possession and not in reversion and remainder or expectancy so as upon every such lease to to be made as aforesaid their be reserved and made payable during the continuance thereof respectively the most and best improved yearly rent that can be reasonably had or obtained for the same without taking any sum or sums of money or other things by way of fine income for in respect of such lease or leases and so as none of the said leases be made dispunishable of waste and so as in every such lease to be made as aforesaid there be contained a clause of reentry for nonpayment of the rent or rents to be thereby reserved and so as the leasee and leasees to whom such lease or leases shall be made as aforesaid seal and deliver counterparts of such lease and leases anything herein contained to the contrary thereof in anywise notwithstanding and whereas the said Margt Eldred wife of the said Jn Eldred the elder is and stands seised for the term of her life in reversion or remainder expectant upon the death of the said Jn Eldred her husband of and in divers lands and tenements amounting together to the yearly value of 110li or thereabouts being part of the premises herein before limited to the said Mary for her life for her jointure and whereas the said manor messuage or farm called Ollyvers and other the lands and premises herein before limited to the use of the said Mary during the joint lives of the said Margt Eldred and the said Mary are but for the yearly value of 100li or thereabouts now this indenture further witnesseth that for the considerations aforementioned they the said Jn Eldred the elder and Jn Eldred the younger do and each of them doth for themselves and each of them their and each of their heirs executors and administrators covenant promise and grant to and with the said Joseph Thurston and Isaac Ewer their executors and administrators that in case the said Margt Eldred wife of the said Jn Eldred the elder shall after the said intended marriage had happen survive and overlive the said Jn Eldred the younger and the said Mary his intended wife shall him survive then and in such case they the said Jn Eldred the elder and Jn Eldred the younger or one of them their or one of their heirs executors or administrators shall and will yearly and every year during the joint lives of the said Margt Eldred wife of the said Jn Eldred the elder and the said Mary well and truly pay or cause to be paid unto the said Mary the yearly sum of 10li of lawful money of England by equal half yearly payments the first payment thereof to begin and to be made at the end of the next calendar month next after such the decease of the said Jn Eldred the younger aforesaid and whereas the said Jn Eldred the elder is and stands seised to him and his heirs at the will of the lord according to the custom of the manor of Much Wigborow of and in all that copyhold or customary messuage or tenement commonly called or known by the name of Elis alias Seaborowes or by whatsoever other name or names called or known and of and in 50a of copyhold or customary land meadow and pasture thereunto belonging or therewith used or enjoyed at Much Wigborow aforesaid which said messuage lands and premises last mentioned now are or late where in the possession or occupation of the said Sam Turner together with other the freehold lands and tenements before mentioned to be in his possession at the yearly rent of 80li as aforesaid now this indenture further witnesseth that for the considerations aforementioned he the said Jn Eldred the elder doth hereby for himself his heirs executors and administrators covenant promise and grant to and with the said Joseph Thurston and Isaac Ewer their heirs executors and administrators that he the said Jn Eldred the elder shall and will at his own proper costs and charges within the space of three calendar months next after the solemnization of the said intended marriage surrender or cause to be surrendered into the hands of the lord of the said manor of Much Wigborow according to the custom of the same manor all the said copyhold or customary messuage lands an premises to the use of the said Jn Eldred the younger for and during the term of his natural life and from and after his decease to the use of the said Mary for and during the term of her natural life as and by way of increase and augmentation of her jointure and from and after the several deceases of the said Jn Eldred the younger and Mary his intended wife then to the use of them the said Joseph Thurston and Isaac Ewer their heirs and assigns forever at the will of the lord according to the custom of the said manor in trust for such person and persons and for such estate and estates and to and for such intents and purposes of and to whom the uses of the said manor of Great Cornard and other the premises limited in jointure illegible text said Mary for her life as aforesaid or are herein before declared limited and appointed after the several deceases of the said Jn Eldred the younger and Mary his intended wife as aforesaid shall and will at his and their own costs and charges within the time aforesaid cause and promise admittance to be made therein accordingly and the said Jn Eldred the elder and Jn Eldred the younger do and each of them doth hereby for themselves and each of them their and each of their heirs executors and administrators covenant promise and grant to and with the said Joseph Thurston and Isaac Ewer their heirs executors and administrators in manner following that is to say that they the said Jn Eldred the elder Jn Eldred the younger Eliz Eldred and Margt Eldred the daughters or some or one of them for and notwithstanding any act matter or thing by them or any of them done committed or willingly or willingly suffered to the contrary now are and stand or is and standeth lawfully rightfully and absolutely seised in their some or one of their demesne as of fee of and in the said manors messuages lands and premises mentioned to be hereby granted and released of a good sure lawful absolute and indefeasible estate of inheritance in fee simple to them or some or one of them and their heir or the heirs of some or one of them without and reversion or remainder trust limitation power of revocation use or uses or other matter restraint or thing whatsoever to alter change charge revoke make void lessen encumber or determine the same except as hereinafter excepted and also that they or some or one of them for and notwithstanding any such act matter or thing as aforesaid have or hath at this time of the ensealing and delivery of these p resents in themselves or some or one of them good rightful power and lawful authority to grant bargain sell and convey the said manors messuages lands tenements and premises mentioned to be hereby granted and released unto the said Joseph Thurston and Isaac Ewer their heirs and assigns in manner and form aforesaid and according to the purport and true intent and meaning of these presents except as hereafter excepted and further that all and every the said manors messuages lands and tenements hereditaments and premises mentioned to be hereby granted and released from time to time and at all times hereafter and the said copyhold messuages lands and premises from time to time and at all times from and after the solemnization of the said intended marriage shall or lawfully may remain and continue and be to and for the several uses intents and purposes upon the trusts and under and subject to the provisos and limitations and agreements herein before mentioned expressed and declared of and concerning the same respectively and shall and may be peaceably and quietly had and enjoyed accordingly without the lawful let suit trouble eviction or interruption of or by the said Jn Eldred the elder Jn Eldred the younger Eliz Eldred Margt Eldred the daughters or any of them their heir or any of their heirs executors administrators or assigns or of or by any other person or persons lawfully claiming or to claim by from or under them or any of them or from by or under Jn Eldred esq deceased late father of the said Jn Eldred the elder or Rich Harlakenden esq deceased late father of the said Margt Eldred wife of the said Jn Eldred the elder and that free and clear freely and clearly acquitted exonerated and discharged or otherwise by the said Jn Eldred the elder and Jn Eldred the younger parties hereunto their executors or administrators as well and sufficiently saved defended kept harmless and indemnified of from and against all and all manner of former and other gifts grants bargains sales leases mortgages jointures dowers titles of dower and particularly the dower and title of dower of the said Margt Eldred wife of the said Jn Eldred the elder party hereunto uses trusts wills intails statutes recognizances judgements extents executions rents arrears of rent forfeitures reentries cause and causes of forfeiture and reentry and of from and against all and singular other estates titles troubles charges and incumbrances whatsoever had made done committed occasioned or suffered or to be had made done committed occasioned or suffered by the said Jn Eldred the elder and Jn Eldred the younger parties hereunto Eliz Eldred and Margt Eldred the daughters or any of them their or any of their heirs or assigns by any other person or persons lawfully claiming or to claim any estate right title trust or interest of in to or out of the manors messuages lands tenements and premises or any of them or any part thereof from by or under them or any of them or from by or under the said Jn Eldred deceased other than and except the said estate for life of the said Margt Eldred wife of the said Jn Eldred the elder party hereunto in reversion or remainder expectant upon the death of the said Jn Eldred her husband of and in the said lands and tenements amounting together to the said yearly value of 110li or thereabouts as aforesaid and one lease of the said farm and lands called Holts and other lands in the occupation of the said Jn Phillips made to the said Phillips for term of nine years to be accounted from the feast of michaelmas 29.9.1695 under the yearly rent of 6li and one other lease made to the said Jn Hatch of the lands in his occupation for the term of eleven years to be accounted from michaelmas 29.9.1701 and one other lease made to Jn Newton of the farm and land in his occupation for seven years from michaelmas 29.9.1701 under the yearly rent of 65li and moreover that they the said Jn Eldred the elder and Jn Eldred the younger parties hereunto Eliz Eldred and Margt Eldred daughters every of them their heirs heirs executors and administrators and all and every other person and persons having or lawfully claiming or which shall or may hath or lawfully claim any estate right title illegible text interest of in to or out of the said manors messuages lands tenements and premises or any of them or any part thereof from by or under or in trust for them or any of them or from by or unto the said Jn Eldred deceased other than and except the said Margt Eldred for and in respect only of her said estate for life and the said three leasees for and in respect only of their said several terms herein before excepted shall and will from time to time and at all times hereafter upon every reasonable request of the said Joseph Thurston and Isaac Ewer or the survivor of them or the executors or administrators of such survivor but at the costs and charges in the law of the said Jn Eldred the elder and Jn Eldred the younger or one of them or their heirs make do acknowledge levy execute and suffer cause and procure to be made done acknowledged levied executed suffered all and every such further and other lawful and reasonable act and deed and thing acts deeds and things for the further and better conveying and assuring of all and every the foresaid manors messuage lands tenements and premises unto such uses upon such trusts and to and for such intents and purposes and under and subject to such provisos limitations and agreements as are herein before mentioned expressed and declared or and concerning the same respectively be it by fine feoffment common recovery or otherwise as by the said Joseph Thurston and Isaac Ewer or the survivor of them or the executors or administrators of such survivor or their or any of their counsel learned in the law shall be reasonably advised or devised and required so as such further assurance contained no further or other warranty or covenants than against the person or persons his or their heirs who shall make or do the same and so as the party or parties who shall be devised or requested to make or do the same be not compelled or compellable for making or doing thereof to go or travel further than five miles from his or their places of abode and lastly the said Jn Eldred the elder and Jn Eldred the younger parties hereunto do and each of them doth for themselves and each of them their and each of their heirs executors and administrators covenant grant and agree to and with the said Edm Butler and Edw Horsman their executors and administrators that the said manors messuages lands tenements and premises herein before limited to the use of the said Mary for her life for her jointure now are and notwithstanding any act matter thing had made done or suffered or hereafter to be had done or suffered by them or either of them so shall the same continue and be during the life of the said Mary of the clear yearly value of 300li over and above all charges and reprises parliament taxes only excepted in witness whereof all the said parties to these presents have to each of these indentures set their hands and seals the day and year first above written Dunch Edm Butler Edw Horsman illegible text